Madras High Court
V.Priya vs N.Viruthambal on 24 February, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C No.241 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.241 of 2025
and
Crl.M.P.Nos.1920 & 1925 of 2025
V.Priya ... Petitioner/Accused
Vs.
N.Viruthambal ... Respondent/complainant
PRAYER: Criminal Revision Case filed under Sections 438 of BNSS, to
set aside the order of the learned I Additional Sessions Judge, City Civil
Court, Chennai passed in Crl.A.No.357 of 2024 dated 26.12.2024,
confirming the order of conviction under Section 138 of the Negotiable
Instruments Act and sentence to undergo simple imprisonment for six
months and to pay the cheque amount of Rs.5,00,000/- as compensation
and in default to undergo simple imprisonment for a further period of 2
months passed by the learned Metropolitan Magistrate, Fast Track court-
II, Egmore @ Allikulam, Chennai in C.C.No.3680 of 2019 dated
16.02.2024.
For Petitioner : Mr.S.V.Karthikeyan
For Respondent : Mr.M.Raja
for Mr.S.Prakash
ORDER
The Criminal Revision Petition challenges the conviction of the
petitioner for the offence under Section 138 of the Negotiable
Instruments Act and sentence imposed on the petitioner to undergo
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simple imprisonment for six months and to pay the cheque amount of
Rs.5,00,000/- as compensation, in default to undergo simple
imprisonment for two months.
2.The petitioner/accused was prosecuted by the respondent for
offence under Section 138 of the Negotiable Instruments Act in
C.C.No.3680 of 2019. The trial Court, by the judgment dated
16.02.2024, convicted the petitioner and sentenced her to undergo six
months simple imprisonment and to pay the cheque amount of
Rs.5,00,000/- as compensation. Aggrieved against the same, the
petitioner preferred an appeal in Crl.A.No.357 of 2024 before the learned
I Additional Sessions Judge, City Civil Court, Chennai. The learned
Sessions Judge, by the judgment dated 26.12.2024, dismissed the appeal
confirming the conviction and sentence passed by the trial Court, against
which, the present revision.
3.The learned counsel for petitioner submitted that the petitioner
approached the respondent agreeing to settle the cheque amount. The
petitioner paid a sum of Rs.4,00,000/- to the respondent vide Bankers
Cheque No.000067 dated 04.02.2025, drawn on Bandhan Bank, Porur
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Branch. Earlier at the time of appeal, the petitioner deposited a sum of
Rs.1,00,000/- to the credit of C.C.No.3680 of 2019 on the file of
Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam,
Chennai on 09.07.2024. The respondent/complainant agreed to receive
the amount of Rs.1,00,000/-, which is deposited in the trial Court. In
total, she is satisfied with the sum of Rs.5,00,000/-, the cheque amount.
In confirmation to the same, the petitioner and respondent filed a Joint
Memo of Compromise dated 06.02.2025.
4.Today, the petitioner and respondent are present in person and
confirm the compromise arrived at between them. In support of the
same, both the learned counsel for petitioner as well as respondent filed a
Petition under Section 147 of the Negotiable Instruments Act, 1881 in
Crl.M.P.No.3395 of 2025 for compounding the offence, which was
signed by the petitioner and the respondent and by their respective
counsel.
5. In view of the compromise arrived at between the parties and
considering the petition under Section 147 of the Negotiable Instruments
Act, the offence under Section 138 of the Negotiable Instruments Act in
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C.C. No.3680 of 2019 is compounded.
6.The learned counsel for respondent submitted that the
respondent may be permitted to receive the amount of Rs.1,00,000/-,
which is lying in the credit of C.C.No.3680 of 2019. The learned counsel
for the petitioner has got no objection for the same.
7. In view of the same, the Joint Memo of Compromise dated
06.02.2025 is taken on file. The Criminal Revision Case is allowed in
terms of the Joint Memo of Compromise dated 06.02.2025. The
conviction and sentence imposed on the petitioner vide judgment dated
26.12.2024 made in Crl.A.No.357 of 2024 on the file of the learned I
Additional Sessions Judge, City Civil Court, Chennai, confirming the
judgment dated 16.02.2024 made in C.C.No.3680 of 2019 on the file of
the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @
Allikulam, Chennai, is set aside and the revision petitioner is acquitted of
the offence under Section 138 of the Negotiable Instruments Act.
8.The petitioner/accused already deposited a sum of Rs.1,00,000/-
to the credit of C.C.No.3680 of 2019 on the file of learned Metropolitan
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Magistrate, Fast Track Court-II, Egmore @ Allikulam, Chennai. In view
of the compounding of the offence, the learned Metropolitan Magistrate,
Fast Track Court-II, Egmore @ Allikulam, Chennai is directed to return
the amount of Rs.1,00,000/- lying in the credit of C.C.No.3680 of 2019
to the respondent/complainant without notice to the petitioner/accused,
after filing an appropriate petition/Memo by the respondent/complainant.
Consequently, the connected Criminal Miscellaneous Petitions are
closed.
24.02.2025
(1/2)
Index: Yes/No
Speaking/Non-speaking order
Neutral citation: Yes/No.
rsi
To
1.The I Additional Sessions Judge,
City Civil Court, Chennai
2.The Metropolitan Magistrate,
Fast Track Court-II,
Egmore @ Allikulam, Chennai
3.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
rsi
and
Crl.M.P.Nos.1920 & 1925 of 2025
24.02.2025
(1/2)
https://www.mhc.tn.gov.in/judis
